Lyman v. . Cheever
New York Court of Appeals
Appeal, by permission, from a judgment entered June 27, 1900, upon an order of the Appellate Division in the fourth judicial department, affirming an interlocutory judgment overruling a demurrer to the plaintiff’s complaint.
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Appeal, by permission, from a judgment entered June 27, 1900, upon an order of the Appellate Division in the fourth judicial department, affirming an interlocutory judgment overruling a demurrer to the plaintiff’s complaint. The following is the question certified: “ Does the complaint in this action state facts sufficient to constitute a cause of action, to wit, a breach of the condition of the bond in question V' The nature of the action and the facts, so far as material, are stated in the opinion. The complaint does not allege that Cheever violated any provision of the Liquor Tax Law while…
1Opinion of the CourtHaight, J.
The demurrer interposed to the complaint was upon the ground that it failed to state facts sufficient to constitute a cause of action. The action was brought to recover the penalty on a bond given by defendant Cheever as principal, and the defendant, the United States Guarantee Company, as surety, to procure a liquor tax certificate. The complaint, 'in substance, alleged that on the 30th day of April, 1898, a liquor tax certificate was issued to defendant Cheever upon his giving the bond in question in the sum of $1,000, conditioned, among other things, that the said Cheever would not, while'…
2Cases cited1 opinion
- People Ex Rel. Miller v. . LymanNew York Court of Appeals · 1898
3Cited by8 opinions
- Bates v. GoodeSupreme Court of Oklahoma · 1929
- People v. United States Fidelity & Guaranty Co.California Court of Appeal · 1941
- Shea v. Fidelity & Casualty Co.New York Supreme Court · 1902
- Cullinan v. SteinNew York Supreme Court · 1902
- People ex rel. David Stevenson Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1902
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